Sanders said Godawa unquestionably knew Byrd was a police officer before attempting to flee in his car four minutes after he was stopped about 1:20 a.m. outside the Finish Line Bar and Grill on suspicion of underage drinking.

Eric Deters, the attorney for Godawa's parents, said video shot by a camera on the officer's lapel showed Godawa was calm and courteous as he spoke with Byrd, and he said Godawa exercised his constitutional rights by declining the officer's request for identification or to perform field sobriety tests.

The attorney said Godawa then attempted to drive away but backed over the officer's patrol bicycle before turning onto Dixie Highway.

"This is a situation where a twenty-one year old decided to leave in his car, right or wrong, because he knew a bicycle officer could not follow him," Deters said. "Fleeing or Evading Police in the First Degree is a 'Class D' felony punishable by one to five years imprisonment and subject to a judicially assessed fine. It is not a death sentence."

Deters said surveillance video shot by the bar's security cameras show Byrd running toward the passenger side of Godawa's vehicle and shouting commands at him.

Video then shows the officer run into the front quarter panel of Godawa's vehicle as he attempted to drive around Byrd, Deters said.

Godaway then stopped briefly while the officer moved from the front of the vehicle to its passenger side, Deters said, before driving away.

As the officer pursued on foot, Deters said he fired a gunshot through the rear passenger side window of Godawa's car, striking the driver in the back.

"Officer David Byrd could not have reasonably believed that he was protecting himself or others from a risk of death or serious physical injury when he shot Michael E. Godawa in the back," Deters said. "The lapel video shows that Michael E. Godawa was not even intoxicated."

After Godawa was shot, he turned out of the bar's parking lot and drove a short distance before turning around, Deters said.

Byrd walked into traffic, pointed his gun at Godawa's vehicle and commanded him to stop, Deters said. Godawa briefly stopped but then continued driving before veering off the road and striking a telephone pole.

Godawa later died as a result of the gunshot wound, which damaged his lung, at University Hospital.

Deters filed the amended suit Wednesday after reviewing the officer's lapel video and the bar's surveillance video, which he said the commonwealth attorney did not mention when clearing Byrd of wrongdoing.

The suit claims Byrd violated Godawa's right to a fair trial and his protection from unreasonable force. In addition, the suit charges Byrd with wrongful death and battery.

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